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ESTA - Convictions and pregnant

ESTA - Convictions and pregnant

Old Aug 29th 2021, 7:47 pm
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Default ESTA - Convictions and pregnant

Keeping this short as possible . But more than likely not :
​​But im looking for advice . Not to be Judged .

i enter the USA 6 year ago . Carried on nursing and gaining qualifications and i have 2 years left before being a GP hopefully .
IVe been a nurse for over 20 years with alot of qualifications in both the USA and UK

Easy for me to come to the USA as my mum is British and my late father was Spanish . Part of the home guard and they travelled the world which led to me being born in the states.
my parents still have properties in the USA . I have recently relocated to just out side vegas on a new hospital contract where i am staying with my aunt untill i sort my own place.

​​ met my other half online 6 month before lock down . He visited me . Straight through no issues on ESTA.
Just before lockdown he reaplied for his ESTA which was due to expire and he was good again with a new ESTA.
​​​​
I want to bring my other half to the states . Finnish Finnish my GP course then look at relocating back to the UK. I have bought some land near vegas from my mum and plan to build something there for our future . Possibly some time in UK and time on the USA .
I earn a decent wage and know i can sponsor my other half

But...

I have visited the UK a few month ago and although we are happy to say that im pregnant we are also in a bit of a panic and may lead us to just leave the USA give up everything

Problems .

Over 20 year ago my other half got into trouble with police . Non of which he is proud of and we cant turn back time
DOI and did serve time. 6 weeks

Another driving while disqualified and another 6 weeks ..
after a messy break up with his daughters mum where he was refused access to his child . Again no excuse but it happend.
​​​​​

ABH charge where a man tried to assault his ex girlfriend while pregnant and my other half protecting her and he got charged that was 24 year ago

He is 45 and these happend over 20 years ago .
Without him realising he thought those would be spent convuctions . On esta he said no.

Hasnt been an issue untill now .when i pointed it out to him where we both are now at panic stations .

He usuallyusuals from Dublin to the USA cheaper for us but also US immigration is done this side not when in the states unless that has now changed .

If he uses the current still valid ( on paper ) ESTA . ESTA visits me and i propose to him.
He doesnt know i am thinking about this.

​​​This is a IF....

<<<SNIP>>>


would this make him even less likely for a waiver?

I know having a child wont give him any right to be here but i need him here to support me and our baby .

I do not want to fly now and hope when things open up he can visit . If he applies for a visa and shows his records yes he could be denied and we know it could take over a year .

I do not want to give up my hard work and gp training in the USA unless i realy have to .But i will if there is no other option.
To have my other half with myself and baby we will do whats needed but the sooner we can be together is what i need for my health and our baby.

He isnt looking for a green card . Just to be with his family while i finnish my training and go from there.

Thanks in advance and please no judging . Just trying to find best options / answers but i do think we will have to give up hope of being in the usa together and both move back to the uk permanently.


Thanks Nicky x

Last edited by Jerseygirl; Aug 29th 2021 at 7:59 pm. Reason: Site Rule #3. What you have posted is against the law…Plse read our Site Rules
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Old Aug 29th 2021, 8:46 pm
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Default Re: ESTA - Convictions and pregnant

Consult with an immigration attorney. Your case has multiple issues that are pretty much beyond the scope of laymen on the internet.

Rene

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Old Aug 29th 2021, 9:28 pm
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Default Re: ESTA - Convictions and pregnant

Looking at it logically:

- not likely to get a waiver since to do so he would need to admit he lied on the ESTA
- not likely to get a B/2 visa due to above and also being age 45 still able to work so at risk of illegally working.
- not likely to get any visa within 9 months
- he could use his ESTA to enter the US (I'm not advocating this) - this will only give him up to 90 days in the US.
- OP has child and then returns to UK to marry
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Old Aug 29th 2021, 11:14 pm
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Default Re: ESTA - Convictions and pregnant

Thank you so much for the replies .

Seems the only options really are

1. He applies for an actual visa which would take 9 month minimum and even then it could be longer given the current situation and even then he could get refused which would leave me no option but to quit nursing here along with my GP certification im working towards .
I had no intention of flying while pregnantand most certainly wont fly untill our child is atleast 1 year old minimum and it wouldnt be fair on the childs father to not be with myself and child so i may have to reconsider that one

2. If he flies over. We marry after 90 days regardless of whats said he wouldnt get away with saying that he didnt realise spent convictions in the UK still count in the USA and that not allowing him to stay would cause hardship on his family when married

3. Regardless of any of the above if he applies for a visa and they see he has ESTA we would be lead to belive he has intentionaly lied on his aplication which although not true they would still see it as a lie on a visa application etc

4. If he came here and we marry and apply AOS we are still stuck due to the original ESTA problem

5. The baby is born and he is here on ESTA. we decide to fly and marry in the UK . I return back to the USA to work and look after our child alone . he still cant come over for atleast 1 year while waiting for a spouse visa ? Isnt it even longer now ?

6. I think we have no option but to return full time to the UK . My other half has lost 15 years of his first child in the UK growing up due to laws and restrictions at the time regarding he wasnt married to the mother and the child didnt have his surname.
the mother refusing to give him access unless he went back to her .
i most certainly wont put him through that again

​​​​​​if we go down the visa route now he prob wont get anywhere for well over a year and while waiting for a visa he will have no means of seeing his child . I would have to return to work more or less immediatly after having the child. Which is where i would need my partner. Other wise we would have hard ship with out him here.


Thanks so much for the replies . I think they have made the decision how ever hard . To leave the USA
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Old Aug 30th 2021, 12:24 am
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Default Re: ESTA - Convictions and pregnant

Originally Posted by Nicki83 View Post
Thanks so much for the replies . I think they have made the decision how ever hard . To leave the USA
Probably the smartest choice, especially since you have posted on a public and likely USCIS monitored forum.

Good luck with you love home and the baby… US immigration is pretty inflexible, before CV19 the only exceptions I saw made were after the Tsunami in Japan.
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Old Aug 30th 2021, 1:11 am
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Default Re: ESTA - Convictions and pregnant

4. If he came here and we marry and apply AOS we are still stuck due to the original ESTA problem

If you enter the US with intention of getting married and then apply for AOS, that is considered visa fraud.
The authorities have to be convinced your marriage was 'spontaneous' and you entered without intent. Not easy to prove. especially with pregnant bride?
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Old Aug 30th 2021, 1:57 am
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Default Re: ESTA - Convictions and pregnant

Nicki83…some of the things you are asking about are illegal. You should be aware that USCIS read these forums. I think you should take Noorah101’s advice and seek legal advice.

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